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Terms and Conditions

miniPCR Dx Terms of Use (last updated April 10, 2025)

Note on overnight shipments: overnight shipments of perishable materials are sent out on Mondays, Tuesdays, and Wednesdays. If you are placing an order on a Thursday or Friday, it will not be sent out until the following Monday.

Acceptance of the Terms of Use

These terms of use are entered into by and between “You” (or “you” or “your(s)” “Purchaser”) and Amplyus, LLC (“Amplyus”, “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, including this Privacy Notice (collectively, “Terms of Use”), govern your access to and use of dx.minipcr.com, including any content, functionality, products and services offered on or through dx.minipcr.com and its associated applications (the “Website”), whether as a guest or a registered user. In order to purchase or use Amplyus goods and services (“Products”), you must agree to this Agreement.

Please read these Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use you must not access or use the Website.

In the event of any conflict or inconsistency between the terms and conditions outlined herein (incorporating the privacy policies) and those of any specific division of Amplyus LLC (DBA miniPCR), including but not limited to miniPCR bio, miniPCR Digital, or miniPCR Dx, the terms and conditions applicable to the particular division or aspect of the company you are engaging with will take precedence and govern the relationship. By accessing or using the website, you acknowledge and agree that the controlling terms will be those that are relevant to the specific services, products, or resources you are utilizing, and that such terms will supersede any conflicting provisions in the general terms and conditions.

Please read these Terms of Use carefully. Your use of the Website is subject to an arbitration provision below in these Terms of Use, requiring all claims to be resolved by way of binding arbitration. Please carefully review the Arbitration provision below for more information. BY CREATING, REGISTERING, USING OR ACCESSING A USER ACCOUNT, OR THE WEBSITE, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEBSITE, CREATE, REGISTER OR ACCESS A USER ACCOUNT OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. In certain circumstances, for example, if we make material changes, we may notify you by reasonable means of the changes. If you continue using the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

License

Subject to all of the terms and conditions of these Terms of Use, the Company hereby authorizes You, on a non-exclusive, non-transferable, revocable, and limited basis, the right to access and use the Website solely for your personal use. We reserve all other rights.

Access and Account Security

You may have the option to create a login for the Website (a “Registered User”). To become a Registered User you must create a user account (a “User Account”). To create a User Account, you will need to complete the registration form provided on the Website and establish login credentials (“Login Credentials”) for your User Account. The Company may request additional information as needed to determine your eligibility to be a Registered User. Creation of a User Account and use of certain functionality (such as the ability to post content that will be publicly available) are subject to the Company’s approval in its discretion.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any parts of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources offered on the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. The information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, may include your “Personal Information”, as defined in our Privacy Notice. Please review the miniPCR Dx Privacy Notice to understand how we collect, use, and share your Personal Information; any rights you may have over your Personal Information; and how to contact us with questions about your Personal Information.

If you choose, or are provided with, a username, password, coupon code, license code, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We will not be liable for any harm arising from or relating to a breach of your User Account, any information associated with your User Account, and/or any resulting access of your Data or Personal Information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Notice of Item Design

Amplyus reserves the right to make changes in design or construction to the Product at any time without incurring any obligation to incorporate such changes in the items previously provided on minipcr.com. Amplyus also reserves the right to discontinue the manufacturing or offering any item at such time Amplyus sees fit.

Eligibility

The Website is intended only for organizations and for persons 18 years of age or older. By using the Website, or registering for a User Account, you represent and warrant that (i) you are (a) at least 18 years of age, or (b) otherwise legally qualified to enter into a binding contract; (ii) you have not previously been removed from the Website      for any reason, unless you have our express written permission to create a new User Account; (iii) you are not barred from using the Website under the laws of the United States or any other applicable jurisdiction, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or any similar prohibitions, and you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; (iv) all of the information, data, and other materials provided by you is true, accurate, current, and complete, and you will update your User Account information as needed to maintain its accuracy; (v) you have all rights, authority and permissions required to share your information to the Website and the information provide will be accurate, true, and complete; (vi) and you will be responsible for any claims arising from the infringement of third-party rights due to the information you share; (vii) f you place an order on the Website you have the right to authorize the payment; and (viii) if you purchase our products, you understand the Intended Use of the product.

Purchasing from the Website

Purchaser shall make payment in full at the time it places its order, or submit a Purchase Order (subject to Amplyus approval – for customers in the United States only).  Purchaser shall not withhold any amounts due and payable by reason of any set-off of any claim or dispute.  Amplyus reserves the right to refuse service or cancel orders at our sole discretion. You agree to be responsible for any customs or Value-Added Tax (“VAT”) charges incurred in shipping internationally. You agree that you purchase from the Site on your own initiative, and you are responsible for ensuring compliance with all applicable commercial and export laws and regulations. Amplyus makes no representations that its products are appropriate or available for use in all locations.

Purchases may not be resold or exported

Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

Prices

Prices are set forth on our site minipcr.com/store along with the specific products.  Prices are subject to change without notice. We cannot confirm the price of an item until after you order. If our product is listed incorrectly, we reserve the right to cancel, refuse, or limit any order. In the event that the price of an item is incorrect, Amplyus may either contact you for instructions or cancel and notify you of the cancellation.

Taxes

Amplyus will charge sales tax for purchases shipped to any location within the United States where Amplyus is required to collect and remit such tax, unless the purchaser provides a valid tax-exempt certificate recognized by the applicable jurisdiction. The rate of sales tax charged will be based on the applicable tax laws of the destination state or locality. Posted prices are exclusive of all sales, use, excise, and similar taxes, duties, or charges imposed by any governmental authority on any amounts payable by the purchaser. The purchaser is responsible for all such applicable taxes, duties, and charges, except to the extent that a valid exemption applies.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), as well as Feedback (as defined below), and content that is created and uploaded to the Website by you the user (collectively “Our Materials”), are and shall remain exclusively owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company, its licensors or other providers of such material exclusively owns all rights, title and interests in and to Our Materials, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide permission to use certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

Except as expressly provided herein, you have no right, license, or authorization with respect to any of Our Materials. You shall not remove, alter or obscure any trademarks or logos or any proprietary notices contained on the Website or any other material provided by us. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of Our Materials, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm our right, title and interest in Our Materials.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

If you wish to make any use of Our Materials or any other materials on the Website other than that set out in this section, please address your request to: team@minipcr.com.

You grant to the Company a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use Data (as defined below) and your User Contributions, and any other information provided to the Website, including but not limited to hosting, storing, using, displaying, reproducing, publishing, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public, whether in whole or in part and in any format or medium currently known or developed in the future. The license shall be non-exclusive, with the exception that the license is exclusive in respect to derivative works created through the use of the Website. We may assign and sublicense the above license to our affiliates and successors without any further approval by you. You authorize the Company to act on your behalf with respect to infringing uses of your User Contributions taken from the Website by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your User Contributions are taken and used by third parties outside of our Services. However, we are not obligated to take any action with regard to use of your User Contributions by other users or third parties. Our license to your User Contributions are subject to your rights under applicable law, including but not limited to personal data protection law.

Trademarks

The Company name, the terms miniPCR, miniPCR bio, miniPCR Dx, miniPCR Digital, Genes in Space, Bandit, blueGel, BioBits, P51, miniPCR Dx, fluoPCR, gelPCR, ZeeWee, Y-spotter, and the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors now existing or as developed in the future. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Data Use

“Data” means any data that you provide to or is generated by the Website or through use of the Website (including but not limited to user usage and data from any completed questionnaires). Subject to applicable laws, including data protection and privacy laws, we may use, rent or sell aggregated Data and/or other information that has been effectively anonymized (i.e., the information has been anonymized by stripping out identifiers such as name, address, phone number, etc. in a manner that re-identification is not possible) which has been collected as part of your participation in the Website. Such anonymized data may be used to help develop and evaluate the Website, for statistical purposes, any for any other lawful purpose. All right, title and interest in and to the anonymized and aggregated data shall be held by the Company.

Feedback

We welcome your comments, feedback, information, or materials regarding the Website      (collectively, “Feedback”). Any Feedback will become our property upon your submission to us. By submitting Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all intellectual property rights in such Feedback on a worldwide basis. We may use, copy, distribute, publish and modify Feedback on an unrestricted basis, without compensation to you.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • For the purpose of misrepresenting your identity, age, or any other information about yourself.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or to impersonate, or otherwise misrepresent affiliation, connection or association with any person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Violate any right of a third party, including by infringing or misappropriating any third party intellectual property right, or disclosing Personal Information about another person.
  • Assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms.
  • License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website .
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack or any other attacks on either the Website.
  • Otherwise attempt to interfere with the proper working of the Website.

Further, you shall not use the Website to develop, or assist a third party, in developing a competing or similar service or product, or modify, adapt, alter, translate or create derivative works from the Website, or reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Website.

Blog Content and Comments

Our website features a blog intended for informational purposes only. The content provided on the blog may not always be accurate, complete, or up-to-date, and we make no representations or warranties regarding the accuracy or reliability of the information presented. We recommend that you verify any information before relying on it.

If our website includes a comment section, you agree to abide by our Code of Conduct when posting comments. You must not post content that is abusive, defamatory, obscene, or violates any laws or third-party rights. We reserve the right to remove any comments that violate these terms or that we deem inappropriate, and to suspend or ban users who repeatedly violate our Code of Conduct.

Support Resources

Our support resources, including FAQs, videos, webinars, and other informational materials, are provided solely for general informational purposes. While we strive to ensure the accuracy and usefulness of these materials, we make no guarantees, warranties, or representations about their completeness or applicability to your specific situation. Use of these resources is at your own discretion, and we disclaim any liability for actions taken or decisions made based on this information. For personalized assistance, please contact our support team directly.

Testing Results and Disclaimer

The testing tools provided on our website are intended for informational purposes only. The results generated from these tools are maintained solely by the customer. It is your responsibility to protect and maintain the confidentiality of your results. We recommend that you take appropriate measures to safeguard your data.

We do not provide any warranties or representations regarding the accuracy, completeness, or reliability of the results, nor do we guarantee that the results are fit for any particular purpose. The use of these results is entirely at your own discretion, and we are not liable for any actions taken based on the information provided.

Copyright Infringement and the Digital Millennium Copyright Act

We take copyright infringement seriously and have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any aspects of the Website infringe upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work that is claimed to have been infringed, or if multiple copyrighted works are on a single site, a representative list of such works;
  3. Identification of the infringing material or activity and that is to be removed or disabled and information readily sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to contact the copyright owner or authorized agent, such as a physical address, telephone number, and electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of its not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notice is correct and accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

Notices should be sent to our Copyright Agent at team@minipcr.com. Please email us at team@minipcr.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We may discontinue or alter any aspect of the Website, restrict the time the Website is available, or restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Website without prior notice or liability to you. Your only remedy is to discontinue using the Website if you do not want a modification we make to the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Notice. By using the Website, you acknowledge that you have read and understand these Notices.

Access Through Mobile Devices

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Website on your mobile device. You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using the Website, for Data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. Standard messaging rates may apply. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.

Internet Access

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment necessary for you to access and use the Website. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or other systems. THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

We may discontinue the Website at any time without notice at our discretion.  In the event the Website is discontinued you may not have access to your account of any information you’ve shared.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the Commonwealth of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Team Member Information

The team member listings on this website are provided for informational purposes only and may not reflect the most current composition of our staff. Team members are subject to change, and updates to this section may not be immediate. We appreciate your understanding and encourage you to contact us directly for the most accurate and up-to-date information.

Scheduling Information

Scheduling is managed through Calendly or another calendaring tool for your convenience. However, availability displayed may not always reflect the most up-to-date status due to unforeseen changes or technical limitations. We recommend confirming appointments directly with our team to ensure accuracy.  Also the relevant terms and conditions and privacy policy of that application are applicable while using that aspect of the services.

Use of Materials

Our website may feature or provide information related to materials or activities that may not be legal in all jurisdictions. The inclusion of such content does not, under any circumstances, constitute approval or encouragement of the illegal acquisition or use of such materials. It is your sole responsibility to ensure that any materials or activities you engage with are compliant with the laws and regulations of your location. We do not endorse or support any illegal activities, and any use of our website for such purposes is strictly prohibited.

Term and Termination

These Terms of Use are effective as of the date of your acceptance of these Terms of Use in connection with your access to the Website and continues in effect until the earlier of (i) the date of termination by either party pursuant to these Terms of Use (described below); or (ii) the date which the Company ceases offering the Website.

You may terminate these Terms of Use at any time by deleting your User Account and discontinuing your use of the Website. You may terminate your User Account at any time by submitting a request to team@minipcr.com. We may suspend or terminate your User Account and your use of and access to the Website immediately without notice or liability to you, for any reason, including but not limited to, if we, in our sole discretion, determine that you have failed to comply with any of these Terms of Use or other terms and agreement incorporated herein. Upon termination by either your or us, you must cease use of the Website immediately.

The following sections shall survive the termination or expiration of these Terms of Use: Intellectual Property Rights, Trademarks, Data Use, Feedback, Prohibited Uses, User Contributions, Content Standards, Term and Termination, Disclaimer of Warranties, Limitation of Liabilities, Indemnification, Governing Law and Jurisdiction, Arbitration, Copy Right Infringement and Digital Millennium Copyright Act Notice, Limitation on Time to File Claims, Waiver and Severability Entire Agreement, and Entire Agreement.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THE WEBSITE .

YOUR USE OF THE WEBSITE, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE , ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR THE APP, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, any dispute or issue between you and any third party, all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you, and bodily injury, death, or damage to physical property.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the City of Boston and County of Suffolk, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying Massachusetts law. The arbitration shall be held in Massachusetts. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Use, you and the Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER OF CLASS ACTION

TO THE EXTENT ALLOWED BY LAW, YOU AND AMPLYUS WAIVE THE RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THIS MEANS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANOTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANOTHER IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDINGS.

WAIVER OF TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, YOU AND AMPLYUS AGREE THAT THERE WILL BE NO JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Reverse Engineering Prohibited

You shall not analyze, decompile, or reverse engineer or cause a third party to analyze, decompile or reverse engineer our Products for any purpose. Doing so provides Amplyus with cause to enjoin such activity in the protection of its trade secrets.

Intended Use of Product

Our Products are intended for research and/or educational purposes only (“Intended Use”). In no circumstances will you use our Products for diagnostic purposes, or view genetic testing results as scientifically verified.

Use by Minors

Teachers, Guardians, Caretakers, and other adults (“Adult”) who purchase our Products and permit use by minors have read each provision in this Agreement, and assume all liability for any minor’s violation of this Agreement.  The Adult warrants, that if necessary, he or she has obtained any necessary permissions from the minor’s legal guardian.

Delivery

Amplyus will do its best to see that Products are delivered within a reasonable time after receipt of purchase order.  We cannot guarantee a delivery date and shall not be liable for any delays.  Amplyus may, in its sole discretion, without liability or penalty, make partial shipments of orders.  Purchaser shall be responsible for furnishing valid delivery information and ensuring delivery can be made to the delivery location.  Amplyus shall not be liable for for any non-delivery of Products (even if caused by its own negligence) unless Purchaser gives written notice of non-delivery within seven (7) days.

Shipping; Title; Risk of Loss

The risk of loss and title for all items purchased from Amplyus passes to you upon our delivery to the carrier. Any duty or customs imposed on international shipments are the sole responsibility of the Purchaser. You are responsible for ensuring compliance with all laws applicable to you.

Returns

If you return the Product and apply to us for a refund within 30 days, you will be refunded your purchase amount net of shipping fees and applicable taxes, unless otherwise specifically stated below. You must ship item(s) to Amplyus at your expense and Amplyus must receive the item(s) in original condition within thirty (30) days of the original invoice date. If the item is a reagent or reagents kit (such as miniPCR Learning Labs™ or DNA Testing Kit), you may NOT return or exchange the item. Reagent kits, miniPCR Learning Labs and other component packages should be checked against the components list supplied and notice of any shortages or damaged components must be sent to Amplyus within seven (7) days of the date of delivery to ensure replacement. By replacing an item or by refunding an item, Amplyus does not waive a claim that the item(s) nevertheless has/have been subject to abnormal use.  If Purchaser notifies Amplyus of a defect to a Product within seven (7) days from receipt, Amplyus may in its sole discretion request that Purchaser return all or part of the Product, provide a substitute conforming part or credit or refund the price and request Purchaser return the Product.  Any shipping returns shall be at Purchaser’s expense and risk.

Warranty

Many Amplyus Products are covered by express limited warranty. To learn your product’s warranty status, please visit the warranty section within the DOWNLOADS tab of covered products at www.minipcr.com/store or dx.minipcr.com/shop

Proper Use

The operational reliability of the product is dependent solely on your proper use of our Products, something that we at Amplyus do not control. Amplyus makes no guarantees with regards to your reliable use of the Product. Your order and use of the Product must comply with all applicable laws.

Product Warnings

Please review User’s Guide for any product warnings and operating conditions.

WARNING: BURN HAZARD—THE miniPCR HARDWARE REACHES ABOVE 100°C (BOILING TEMPERATURE) DURING USE. USE EXTREME CAUTION TO AVOID TOUCHING METAL PORTIONS OF THE PRODUCT WHEN IN USE.

WARNING: CHOKING HAZARD—THE miniPCR HARDWARE CONTAINS SMALL PARTS. THE PRODUCT IS NOT SUITABLE FOR CHILDREN UNDER 5 YEARS OF AGE.

WARNING: miniPCR POWER PACK USERS PLEASE READ SAFETY HAZARD WARNINGS FOR LITHIUM ION BATTERIES.

Disclaimers

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Amplyus, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This Website is operated by Amplyus, LLC, 1770 Massachusetts Avenue, Suite 167, Cambridge, Massachusetts 02140.

All notices of copyright infringement claims should be sent to the copyright agent at: team@minipcr.com.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: team@minipcr.com.